En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in six cases raising questions relating to design patent claim construction, damages, claim construction, eligibility, inequitable conduct, non-obviousness, joinder, and deference to Precedential Opinion Panels; three requests for responses to petitions raising questions related to venue, eligibility, non-obviousness, and claim construction; and the denial of six petitions raising issues including the Appointments Clause, claim construction, prosecution history estoppel, and damages. Here are the details.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in four cases raising questions relating to patent eligibility, the Appointments Clause, claim construction, and non-obviousness; one new response to a pending petition raising questions related to enablement, written description, and the 7th Amendment; and the denial of ten petitions raising issues including the Appointments Clause, claim construction, and implied licenses. Here are the details.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in five cases raising questions related to the Appointments Clause, marking and notice, and definiteness; one response to a petition raising questions related to collateral estoppel and inter partes review; one request by the Federal Circuit for a response to a petition raising questions related to collateral estoppel and the doctrine of equivalents; and the denial of petitions in three cases (including, notably, Arthrex). Here are the details.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in thirteen cases raising questions related to the Appointments Clause, venue, and claim construction and the denial of six petitions raising questions related to non-obviousness, anticipation, inherency, procedure, the statutory experimental use exception, and the Appointments Clause. Here are the details.

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Featured / Petitions / Supreme Court Activity

Recent Supreme Court Activity

It was a busy week at the Supreme Court in cases decided by the Federal Circuit. Three amicus briefs in favor of the respondent were filed in one of the four granted cases, Thryv, Inc. v. Click-to-Call Technologies, LP. With respect to petitions, multiple petitions were denied, two new petitions were filed, several party briefs were filed, and nine amicus briefs were filed in one case, Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC. We have the details.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. On Monday, the Supreme Court heard oral argument in one of the six pending merits cases and also denied or dismissed 21 petitions. In addition, in the past week four new petitions were filed, three in patent cases and one in a government contract case. As well one response in opposition to a petition and two reply briefs in favor of certiorari were filed.

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Featured / Petitions / Supreme Court Activity

Recent Supreme Court Activity – Report on October 1 Conference

Last week we provided a preview of the 27 petitions distributed for the Supreme Court’s October 1 conference in cases decided by the Federal Circuit. Here is a report on the order list the Supreme Court issued today as a result of its October 1 conference. In a nutshell, the Court denied or dismissed petitions for certiorari in 21 cases decided by the Federal Circuit, and left six other petitions pending.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Of the six pending merits cases, there was not much activity, with the exception of one case where multiple amicus briefs were filed. Two new petitions were also filed—one in a patent case, and one in a government contract case—as well as two responses in opposition to petitions and two amicus briefs in favor of petitions.

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